Asheville man found guilty of recording sex crime against unconscious victim
Sensing something strange had happened, the victim said she searched his phone.
ASHEVILLE, N.C. -- An Asheville man is sentenced to more than 200 days in jail after a jury determined he sexually abused an unconscious victim in 2022 and recorded the crime on his cell phone.
The Buncombe County District Attorney's Office said Bart William Zink, 55, was found guilty of felony secret peeping and misdemeanor sexual battery on July 11, 2024.
It's a case that District Attorney Todd Williams called "outrageous" in a written statement, calling on the North Carolina General Assembly to pass tougher laws against aggravated sexual battery.
The victim testified that on May 22, 2022, she was invited to Zink's house for a party only to find that no one else was there except Zink.
According to a news release from the DA's office, Zink served the victim alcohol and recommended she stay at his home when she said it was time for her to leave.
The victim testified that she remembered falling asleep on the recliner and then waking up the following morning in Zink's bed with Zink beside her.
According to the release, the victim testified that she convinced Zink to let her use his phone later that morning. Sensing something strange had happened, she said she searched his phone and found a video that was recorded earlier that day.
The video, which was published to the jury, showed the victim exposed with Zink beside her as he touched her and took her hand to touch himself. The victim appeared to be unconscious throughout the four-minute video, the DA's office said.
"This is an outrageous case of drug-facilitated sexual assault and I'm sure many would be shocked to learn that the crime presented to the jury this week is only a misdemeanor in the State of North Carolina - not a felony. It should be a felony - a serious felony with a substantial prison term. Considering the facts of this case, I call on the North Carolina General Assembly to pass a new crime of felony Aggravated Sexual Battery to fully hold accountable predators like Zink who commit crimes of drug-facilitated sexual assault," District Attorney Todd Williams said in a written statement. In a victim impact statement that was read at sentencing, the victim said she suffered immensely after the May 2022 incident, adding that she had trouble sleeping and eating for an extended period of time and felt feelings of shame.
The district attorney's office said Zink's criminal history allowed a maximum term of no more than 75 days for the misdemeanor sexual battery charge. Since the crime was recorded, he was sentenced to serve a 30-month term on supervised probation for the felony secret peeping charge - a lower-level, class I felony. As a condition of probation, Judge Alan Thornburg ordered Zink to serve a 127-day split sentence to be served consecutive to the 75-day term - totaling 202 days in jail.
The DA's office said should Zink violate the conditions of his probation after release from jail, a suspended term of 6-17 months in prison may be activated at a later date. Judge Thornburg also ordered Zink to register as a sexual offender for a term of 30 years.
On Friday, July 12, News 13 spoke with Rita Sneider-Cotter, the executive director of the victim advocacy group 'Our Voice.' She spoke about the impact an act like this can have on the victim.
We know that drug-facilitated sexual assault can lead to a lot more shame and stigma. A lot of survivors will blame themselves, especially if they were the ones that drank the alcohol or took the drugs," Sneider-Cotter explained. She added that drinking is never a defense in sexual abuse cases.
"Just because you want to drink alcohol doesn't mean that you want to have sex later."
As for Zink being convicted of filming the abuse, Sneider-Cotter said the video can serve as crucial court evidence showing a lack of consent.
"These types of cases are really hard to prove because they often happen behind closed doors, which can take years to unpack, but therapy is a really helpful tool," Sneider-Cotter explained, adding that being incapacitated during the abuse can lead to an increased risk of PTSD.
The executive director is reminding abuse survivors that there is always help and there is a massive community to lean on, as one in three women suffer a kind of sexual violence in their lifetime. This is why anyone who needs help can always reach out.
We have counselors available to do free trauma-focused therapy. We have advocates that are there to validate and we have a 24-7 crisis line available," she said.
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